Cyclist sues City of Winnipeg for 'dangerous' road

06/08/2012 02:14 EDT
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Updated
08/08/2012 05:12 EDT

CBC

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A cyclist is suing the City of Winnipeg after being hurt in a crash caused by a roadway rut.

Peter Duggan is seeking to be reimbursed for lost income and other expenses and damages he incurred as a result of the crash in May 2010, while he was cycling on Wellington Crescent between Borebank and Campbell streets.

Duggan was in the eastbound curb lane of Wellington when he came to a section resurfaced with new asphalt. He went onto the dry surface but noticed roadwork equipment ahead, so he moved left onto a non-asphalted portion.

His tires hit a rut in the centre of that lane, causing him to lose control and flip head over heels from the bike, according to a statement of claim filed in the Court of Queen's Bench on May 15, 2012.

Broken bones, punctured lung

Duggan landed hard and suffered eight broken ribs, a broken clavicle, punctured lung, and several bruises and cuts and pain in the right shoulder, according to the claim.

He ended up spending seven days in hospital, undergoing two surgeries and having a tube inserted into his chest to drain blood from his lung.

Duggan has been left with permanent scars, numbness, and remaining pain from fractures that are still healing.

He wants to be reimbursed for the lost income from being off work, and for the cost of the ambulance ride, repairs to his bicycle, and housekeeping expenses.

He has also had to replace his helmet and clothing, as well as endure physiotherapy and pharmaceutical expenses.

Duggan's claim accuses the city of negligence for failing to provide "any or adequate signage" warning people of the road's dangerous condition and for "leaving the roadway in such a condition that it presented an unreasonable risk of harm to users … in particular, cyclists."

The city is obliged, purusant to the City of Winnipeg Act, to keep its streets in a state of good repair, the claim notes.